[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR239.2]

[Page 483]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 239--INITIATION OF REMOVAL PROCEEDINGS--Table of Contents
 
Sec. 239.2  Cancellation of notice to appear.

    (a) Any officer authorized by Sec. 239.1(a) to issue a notice to 
appear may cancel such notice prior to jurisdiction vesting with the 
immigration judge pursuant to Sec. 3.14 of this chapter provided the 
officer is satisfied that:
    (1) The respondent is a national of the United States;
    (2) The respondent is not deportable or inadmissible under 
immigration laws;
    (3) The respondent is deceased;
    (4) The respondent is not in the United States;
    (5) The notice was issued for the respondent's failure to file a 
timely petition as required by section 216(c) of the Act, but his or her 
failure to file a timely petition was excused in accordance with section 
216(d)(2)(B) of the Act;
    (6) The notice to appear was improvidently issued, or
    (7) Circumstances of the case have changed after the notice to 
appear was issued to such an extent that continuation is no longer in 
the best interest of the government.
    (b) A notice to appear issued pursuant to section 235(b)(3) of the 
Act may be canceled under provisions in paragraphs (a)(2) and (a)(6) of 
this section only by the issuing officer, unless it is impracticable for 
the issuing officer to cancel the notice.
    (c) Motion to dismiss. After commencement of proceedings pursuant to 
Sec. 3.14 of this chapter, Service counsel, or any officer enumerated in 
paragraph (a) of this section may move for dismissal of the matter on 
the grounds set out under paragraph (a) of this section. Dismissal of 
the matter shall be without prejudice to the alien or the Service.
    (d) Motion for remand. After commencement of the hearing, Service 
counsel, or any officer enumerated in paragraph (a) of this section may 
move for remand of the matter to district jurisdiction on the ground 
that the foreign relations of the United States are involved and require 
further consideration. Remand of the matter shall be without prejudice 
to the alien or the Service.
    (e) Warrant of arrest. When a notice to appear is canceled or 
proceedings are terminated under this section any outstanding warrant of 
arrest is canceled.
    (f) Termination of removal proceedings by immigration judge. An 
immigration judge may terminate removal proceedings to permit the alien 
to proceed to a final hearing on a pending application or petition for 
naturalization when the alien has established prima facie eligibility 
for naturalization and the matter involves exceptionally appealing or 
humanitarian factors; in every other case, the removal hearing shall be 
completed as promptly as possible notwithstanding the pendency of an 
application for naturalization during any state of the proceedings.